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r � 201�06937 2�0�� "Ag�eement" shall mean the Lease Purchase Agreement together with any amendments hereto, including but not limited to the Addendum and the Second Addendum. "Bond Fund" shall mean the fund to be created by the Indenture into which the Payments due under tlus Agreement sha11 be de�sited for paying principal and interest on the Building Bonds. "Building Bonds" or "Bonds" sha11 mean the Building Bonds (Heartla.�d Events Center Project), Series 2004, issued pursuant to the Indenture to provide funds to pay a portion of the costs of the construction and acquisition of the Projec� �jCode" shall mean the Internal Revenue Code of 1986, as amended. "Commencemen# Date" shall mean the date on which the City receives from Heartland written notificatiott of satisfa.ction of conditions stated in Paragraph 3. below. The parties hereto acknowledge and agree that the Commettcement Date is Decemher 28, 2004. "Construction Contract" shall mean that Standard Form of Agreement Between Owner and Design Builder C Cost Plus Fee for a Guaratiteed Maximum Price da.ted as of October � 12, 2004, by and between Heartland and Sampson Construction Co., Inc., inciuding any successor to such contractor as may be provided for in any payment or performance bond furnished by such contractor under the terms of said agreement. "Corrstruct�on Fund" sha11 mean the Construction Fund created pursuant to Article VI of the Indenture to be maintained by the Tnistee and into which certain of the proceeds of the sale of the Building Bonds sha11 be de�sited to be disbursed for payments due for costs related to the Projec� "Fonner Park" shall mean Hall County Livestock Improvement Association, a Nebraska nonprofit corporation. "Guaranteed Maximum Pre�ce" sball mean $20,500,000, the guaranteed maximum price for construction of the Project as provided for in the Construction Contract. "Indenture" shall mean that Trust Tndenture and Security Agreement dated as of December 1, 2004 by and between Hearttand and the Trustee authorizing the Building Bonds to be issued by Heartiand to fund a portion of the costs af the Project '"Insurer" shall mean Ambac Assurance Corporatioq a Wisconsin-domiciled stock insurance company, the issuer of the "Policy" as defiaed be�ow. KMa�ragement Contract" shall mean that Management �Contract by and between Heartland and the City dated as of December 1, 2004. 2